Single dwellings
Some new houses as well as additions and extensions do not need development approval if they comply with rules set out in regulations.
Exemptions from development approval
You don’t need development approval if a dwelling complies with relevant provisions of the Planning and Development Regulation 2008, Schedule 1. (See Schedule 1, Part 1.3, 1.3.7, Section 1.100)
Summary
A dwelling doesn’t need development approval if:
- it is a single dwelling (i.e. not dual occupancy or a multi-unit development)
- it is the only dwelling on the block
- it complies with the rules in the:
- relevant precinct code (if any) and
- Residential Zones Single Dwelling House Development Code of the Territory Plan.
If you are seeking to build on a rural block different exemption rules apply. (See Schedule 1, Part 1.3, Division 1.3.5, Section 1.85 of the regulation).
If you are still unsure whether your development is exempt you should check the regulation or call ACTPLA on 6207 1923.
A building certifier can ensure plans and work are completed in accordance with the law.
Demolition
A single dwelling can be demolished without development approval if it complies with heritage and tree protection legislation. Please note other territory laws, including the Building Act 2004, must be complied with.
Exemptions for composite development
Exemption for single dwellings can include associated class 10 buildings and structures which have their own separate exemptions. For example a combined house and garage may not be DA exempt but may be DA exempt when considering the house under the single residential exemption and the garage under the garage exemption.
Exemptions from building approval
There are no building approval exemptions for detached houses (defined as class 1 buildings in the Building Code of Australia).
